JUDGMENT OF THE COURT
Peter Ngui Nyamu, the appellant, was charged with the offence of defilement contrary to Section 8(1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006. The particulars of the offence are that on the 24th October 2012 at [particulars withheld] Sub Location, Migwani District, Kitui County, he intentionally and unlawfully caused penetration of his genital organ namely penis into the genital organ namely vagina of the complainant MM, PW 1 a girl child aged 6 years.
The alternative charge was that he committed an indecent act with a child contrary to Section 11(1) of the same Act. The particulars of which are that on the same day, he intentionally and unlawfully committed an indecent act with MM a girl child aged 6 years by touching her private part namely, her vagina.
In his defence, the appellant denied committing the offence. The trial magistrate convicted and sentenced the appellant to life imprisonment upon finding that the offence was proved to the…